Special needs planning is the process of ensuring an individual with disabilities has access to the resources they need.
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The ability to provide your child with a suitable guardian, if necessaryThe ability to plan for a transition from school to a potential job or career
BENEFITS OF PLANNING:
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The ability to protect crucial public benefitsThe ability to ensure the most freedom and best possible quality of life for your child
BENEFITS OF PLANNING:
What is involved in special needs planning?
Guardianship
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If a child will not be able to make their own decisions as an adult, the parents should pursue guardianship before the child turns18.
Guardianships are a last resort, appropriate only when an individual cannot manage finances or meet essential requirements for physical health and safety.
Guardianship
Limited Guardianships
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In Pennsylvania, it is possible to obtain limited guardianship for certain decisions without the need for full guardianship.
Living Arrangements
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Many adults with special needs continue to live at home, while others can live independently or in a group home.
Securing living arrangements is a piece of the transition process.
Finding an appropriate living situation and determining how to pay for it takes careful planning.
Preserving Eligibility for Benefits
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Since public benefit programs are needs-based, families must plan carefully to avoid jeopardizing their loved one’s eligibility.
Social Security has two programs, Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI).
Social Security
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SSDI is not needs-based. A disabled adult may qualify for SSDI based on his or her own work record or on the work record of a parent if the child was disabled prior to age 22.
SSI VERSUS SSDI:
If the individual with a disability has not worked enough to pay into the SSDI system on their own record, the cash payments they may be eligible for are SSI benefits, which are needs-based.
SSI VERSUS SSDI:
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What about Medicare and Medicaid?
Those eligible for SSDI qualify for Medicare after a two-year waiting period. Medicare is not means tested, but beneficiaries may need Medicaid benefits to fill in gaps in Medicare coverage.
Medicare & Medicaid
Special Needs Trusts
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Special needs trusts allow individuals with disabilities and their families to protect resources while maintaining eligibility for government benefits.
What costs may be covered?
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Medical services not covered by MedicaidCaregivingTravelEducationEntertainment and other supplemental expenses
SPECIAL NEEDS TRUSTS CAN COVER:
Letter of Intent
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Parents of special needs children can also prepare a nonbinding statement of intent as part of their estate plan.
The letter expresses parents’ wishes, including caregiving, needs and preferences, and any arrangements for the child’s housing and care.
Letter of Intent
Talk to an attorney to learn more about how special needs planning can help you.
We give families the peace of mind of knowing the best possible planning is in place.